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- Title
THE UNITED STATES FOREIGN CORRUPT PRACTICES ACT AND LATIN AMERICA: THE INFLUENCE OF LOCAL PROSECUTORIAL EFFORTS IN TRANSNATIONAL WHITE-COLLAR LITIGATION.
- Authors
BOEK, DANIEL PULECIO
- Abstract
Within the field and practice of White-Collar criminality and litigation in the transnational sphere, the us Foreign Corrupt Practices Act occupies a central role. When a corporation bribes a foreign public official, the FCPA as well as local Penal Codes will be violated. Therefore, an individual and/or corporation could eventually be prosecuted by local authorities and the us Department of Justice under the FCPA. This presents double jeopardy and collateral estoppel issues, which this paper will address. Furthermore, this paper will focus in Latin American comparative criminal law, to analyze the influence that could - or should- be exerted over the DOJ with transnational white-collar litigation strategies. Primarily this paper suggests that active involvement of corporations in local prosecutorial efforts in Latin America can bring beneficial consequences in DOJ conducted FCPA investigations.
- Subjects
LATIN America; WHITE collar crimes; FOREIGN Corrupt Practices Act of 1977 (U.S.); COLLATERAL estoppel; LAW; ACTIONS &; defenses (Law); LATIN America-United States relations; CRIMINAL justice system; LAW -- American influences
- Publication
International Law, 2014, Issue 24, p21
- ISSN
1692-8156
- Publication type
Article
- DOI
10.11144/Javeriana.IL14-24.fcpa